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Newman, Jr. v. AECIQ
2:24-cv-01204
E.D. Cal.
Jun 5, 2025
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Background

  • Newman filed a putative class action alleging that AECIQ made pre-recorded calls to cell phones without consent, violating the Telephone Consumer Protection Act (TCPA).
  • The case is at the discovery stage, prior to class certification, with a discovery deadline set for June 16, 2025.
  • Newman filed a motion to compel discovery, arguing AECIQ was not responding to interrogatories and requests for production relevant to class certification and the merits.
  • AECIQ provided mostly boilerplate, non-specific objections or noncommittal responses to most requests and argued some discovery was premature.
  • The court reviewed objections and found them unspecific and unsupported, especially given the impending close of discovery.
  • The court granted Newman’s motion to compel in full and ordered AECIQ to respond by June 13, 2025, warning of potential sanctions for noncompliance.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Production of call logs and outbound call data Necessary to demonstrate class certification requirements Discovery is premature; will produce after class certified Compelled immediate production; objections were inadequate
Identification of vendors/third parties Information critical to case and class certification Offered to supplement but gave no specific objections Compelled full and prompt responses
Complaints and DNC (Do Not Call) requests Relevant to claims of improper telemarketing Willing to confer, but noncommittal due to scope/time Compelled complete response, deadlines approaching
Consent records and defense documentation Entitled to all documents supporting consent defense Boilerplate objections; offered to confer Compelled full and timely production

Key Cases Cited

  • Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340 (1978) (defining broad scope of discovery relevance)
  • DIRECTV, Inc. v. Trone, 209 F.R.D. 455 (C.D. Cal. 2002) (requiring specificity in objections to discovery)
Read the full case

Case Details

Case Name: Newman, Jr. v. AECIQ
Court Name: District Court, E.D. California
Date Published: Jun 5, 2025
Docket Number: 2:24-cv-01204
Court Abbreviation: E.D. Cal.